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Trust and Loan Companies Act

Version of section 399 from 2012-06-29 to 2012-12-13:

  •  (1) [Repealed, 1994, c. 47, s. 209]

  • Marginal note:Suspension of voting rights held by governments

    (2) Notwithstanding section 151, where any voting shares of a company are beneficially owned by

    • (a) Her Majesty in right of Canada or of a province or any agency of Her Majesty in either of those rights, or

    • (b) the government of a foreign country or any political subdivision thereof, or any agency thereof,

    no person shall, in person or by proxy, exercise the voting rights attached to those shares.

  • Marginal note:Exception

    (2.1) Subsection (2) does not apply to a foreign institution that is controlled by the government of a foreign country or any political subdivision of a foreign country, or by any agent or agency of a foreign government, if the shares referred to in subsection (1) are beneficially owned by the foreign institution or by an entity controlled by the foreign institution.

  • Marginal note:Transitional

    (3) Subsection (2) does not apply in respect of a government or agency referred to in that subsection that, on September 27, 1990, beneficially owned shares of a former-Act company where the exercise of the voting rights attached to those shares was not prohibited under subsection 41(2) of the Trust Companies Act or subsection 48(2) of the Loan Companies Act, as those subsections read immediately prior to June 1, 1992.

  • Marginal note:Transitional

    (4) Subsection (3) ceases to apply where a government or agency referred to in that subsection acquires beneficial ownership of any additional voting shares of the former-Act company in such number that the percentage of the voting rights attached to all of the voting shares of the former-Act company beneficially owned by the government or agency is greater than the percentage of the voting rights attached to all of the voting shares of the former-Act company that were beneficially owned by the government or agency on September 27, 1990.

  • Marginal note:Exception — eligible agent

    (5) Subsection (2) does not apply in respect of the exercise of voting rights attached to any share referred to in subsection 396(3).

  • 1991, c. 45, s. 399
  • 1994, c. 47, s. 209
  • 2012, c. 5, s. 166, c. 19, s. 329
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